Tampa Sex Crimes Lawyer
I WORK HARD TO PROTECT YOUR RIGHTS.
Effective Defense from an AV Preeminent* Rated Former Prosecutor with more than 25 Years of Experience
I WORK HARD TO PROTECT YOUR RIGHTS.
Effective Defense from an AV Preeminent* Rated Former Prosecutor with more than 25 Years of Experience
- Why Should You Hire Mike G to Defend Your Sex Charge
- Mike G Law: Trusted Tampa Sex Crimes Lawyer
- Florida Sex Offender Laws
- Cases We Handle
- Common Sex Crime Defenses
- What Are the Consequences of Committing Sex Crimes in Florida?
- What Are the Restrictions for Sex Offenders?
- Is a Sex Offense a Federal Crime?
WHY SHOULD YOU HIRE MIKE G TO DEFEND YOUR SEX CHARGE
A former prosecutor with over 25 years of experience in criminal defense, Mike G is committed to protecting the rights and future of those accused of committing sex offenses in Tampa, Florida. Known for his aggressive and relentless advocacy, he possesses a deep understanding of the legal system that allows him to anticipate law enforcement strategies. He also has strong relationships with law enforcement agencies, prosecutors, and judges, giving him the credibility and insight needed to build a compelling defense. Clients facing sex crime charges who choose Mike G Law can expect dedicated representation aimed at achieving a fair and timely resolution.
MIKE G LAW: TRUSTED TAMPA SEX CRIMES LAWYER
A sex crime conviction in Florida impacts your life forever. Even a misdemeanor will affect your reputation and possibly hinder future employment opportunities. The falsely accused still face the court of public opinion, a fault in our criminal justice system, which often presumes guilt with no regard for evidence. If you face charges this severe, you need an experienced Tampa sex crimes attorney who believes in the presumption of innocence, your right to a fair trial, and will represent you aggressively.
Hiring a Tampa sex crime lawyer is the first defense against unfair prosecution. Mike G Law will immediately investigate the incident to find the evidence needed to build your defense against the charges and avoid placement on the sex offender registry. The consequences of a sex crimes conviction are dire, but an experienced attorney knows your rights and will fight aggressively to protect them.
FLORIDA SEX OFFENDER LAWS
“Sex offender” is a broad term used to describe someone convicted of a sexual crime. What constitutes a sex crime can differ from culture to culture and even among states. Florida has state and municipal laws governing sex offenses, such as the Tampa sex offender failure to register rule, and the penalties will vary depending on the type and severity of an offense.
For a comprehensive understanding of Florida’s sex offense statutes, it is advisable to consult with our office, as we are familiar with Florida state laws, cases of statutory rape, and comprehensive sex crime charges.
Here are a few statutes:
- Sexual Battery (Florida Statute 794.011): This statute defines sexual battery as the oral, anal, or vaginal penetration by, or union with, the sexual organ of another person or the anal or vaginal penetration of another person by any other object. It establishes different degrees of sexual battery based on various factors, such as the victim’s age, the use of force, and the relationship between the victim and the offender.
- Lewd and Lascivious Conduct (Florida Statute 800.04): This statute addresses offenses involving lewd or lascivious acts committed upon or in the presence of a child under 16. It includes acts such as lewd or lascivious battery, molestation, exhibition, or conduct harmful to minors.
- Sexual Offenses Involving Minors (Florida Statute 794.05): This statute addresses sexual offenses involving minors. It includes offenses such as unlawful sexual activity with certain minors, procuring a minor for prostitution, and traveling to meet a minor for unlawful sexual activity.
- Sexual Performance by a Child (Florida Statute 827.071): This statute prohibits the promotion, employment, or use of a child in the production of any kind of sexual performance. It also addresses the possession, distribution, or solicitation of materials involving sexual performance by a child.
- Internet Crimes Against Children (Florida Statute 847.0135): This statute addresses offenses related to using the Internet to facilitate the sexual exploitation of children. It includes offenses such as transmitting harmful material to a minor, using a computer to solicit a minor for unlawful sexual conduct, or using a computer for transmitting or distributing child pornography.
CASES WE HANDLE
Sex crime allegations include any offense when a person sexually abuses someone. This can consist of physical and psychological manipulation and lewd and lascivious crimes, such as indecent exposure. Typical examples of cases a Tampa sex crime lawyer commonly sees include:
- Aggravated sexual battery: Sexual battery, also called rape or sexual assault, can result in severe penalties upon conviction. When aggravating elements, such as using violence or threatening harm, occur during the act, the charges can be even more severe.
- Sexual assault of a minor: Adults having sex with a minor in any capacity is illegal in Florida.
- Prostitution: Prostitution remains illegal in every state except Nevada. This means it is unlawful to solicit sex for money, pay for sexual acts, or act as the intermediary during a monetary transaction for sex.
- Possession of child pornography: Knowingly possessing, controlling, or viewing any form of child pornography is illegal in Florida, including possession of online child pornography.
- Sexual cyberharassment: Posting or distributing intimate photos, images, or videos of someone else online without consent is illegal in Florida and subject to criminal charges.
False sexual assault charges are unfortunate; even someone innocent of these claims may face terrifying consequences. Hiring a Tampa sex crimes attorney as soon as possible displays a readiness to combat allegations with strong evidentiary support.
COMMON SEX CRIME DEFENSES
Every case has unique circumstances that impact the course of action you will take to defend yourself against the charges. In Florida, false allegations, conflicting witness testimonies, and lack of physical evidence of sexual crimes are all valid legal defenses to sex crimes.
Other common defenses an experienced attorney may use include the following:
- Gathering exculpatory evidence
- Entrapment
- Challenging forensic evidence or arguing unsubstantiated elements
- Arguing police misconduct
- Questioning the integrity of the accuser
If you have been charged with any of these offenses, you need a Tampa criminal defense lawyer! Contact Mike G Law today to secure legal representation.
What About Plea Bargaining?
Entering a plea begins with carefully weighing the circumstances and trusting your attorney’s advice. Each plea carries its own consequences and understanding them is an essential step in the legal process. For example, pleading not guilty requires a defense that displays your innocence, such as highlighting an alibi or making a case for consent or mistaken identity.
Pleading no contest is not an admission of guilt under criminal law. Instead, it can benefit some defendants by allowing them to avoid trial and accept the facts of the case without admitting guilt. Sometimes, the best course of action is to negotiate a plea deal by making an arrangement with the prosecutor. This may include a plea of no contest and lessen the impact of the trial on everyone involved, including you and your family.
WHAT ARE THE CONSEQUENCES OF COMMITTING SEX CRIMES IN FLORIDA?
A sex crime conviction can alter the course of someone’s life, leading to short-term consequences like high fines and a possible ankle tracking device. However, the long-term effects are the most damaging:
- The potential loss of friends and family
- Loss of employment and an inability to find work
- The inability to obtain professional licensing, student loans, or government assistance
- The inability to rent a home and possible restrictions on where you can live because of sex offender registration
These are not consequences anyone should take lightly. Young people, such as college students, risk derailing their career opportunities and need the help of a campus sex crime attorney with experience defending people in similar situations. The label of sexual predator will follow someone their whole life and is worth fighting aggressively.
WHAT IS A SEXUAL PREDATOR?
A sexual predator is someone convicted of repeated sexual offenses or first-degree felonies, as defined in Florida Statute 775.21, and has a written court order designing them as a sexual predator, or an individual who is civilly committed under the Florida Jimmy Ryce Sexually Violent Predator Act and has a written court order designating them as a sexual predator. Sexual predators present a continued potential risk to other community members, as evidenced by a history of physical violence or preying on children.
The term sex offender is a legal designation for someone convicted of specific offenses in Florida and released of their sanction after September 1997. Sex crimes that qualify someone as a sex offender include the types of cases a Florida sex crimes attorney would handle listed above, as well as lewd and lascivious behavior, such as statutory rape or procuring a minor for prostitution.
WHAT ARE THE RESTRICTIONS FOR SEX OFFENDERS?
Offenders convicted of qualifying sex offenses must register as sex offenders in Florida, even if the offense occurred in another state. Failure to do so is punishable by a prison sentence. As registered sex offenders, they must:
- Inform the police any time they plan to travel to other counties
- Keep law enforcement informed on their presence within their county
- Update their driver’s license or ID card within 48 hours of a change in residence, whether it is temporary, transient, or permanent
Offenders must even update a long list of personal information annually. This includes providing a recent photograph and changes to weight, hair and eye color, tattoos, and identifying marks. Law enforcement should receive updates regarding occupation, vehicle information, professional licensing, and immigration. If a sex offender from another state enters Florida, they must alert the sheriff’s office within 48 hours of arrival.
IS A SEX OFFENSE A FEDERAL CRIME?
Sexual offenses that take place on government property, involve interstate activities, or are especially serious could fall under federal jurisdiction. The circumstances surrounding these situations require careful consideration and the help of an experienced sex crimes attorney.
Federal offenses often carry the harshest punishments, attracting long sentences, costly fines, and sex offender registration. Crimes involving children are even harsher legal penalties; standards for sentencing are more severe in cases involving violence or death.
If you face charges for a sex crime under federal law, you need solid legal representation. A skilled sex offense attorney will fight to have the charges against you dismissed or at least minimize the penalties you face.
What Is the New Law for Sex Offenders in Florida?
In May 2023, House Bill 1297 became law, taking effect October 1 and making sexual battery crimes committed against children under the age of 12 punishable by the death penalty. The previous law mandated a life sentence in prison for the crime.
What is Florida’s Romeo & Juliet Law?
In Florida, the “Romeo and Juliet” Law refers to a legal provision that provides an exception to the sexual offender registration requirement for certain individuals involved in consensual sexual relationships where the age difference is relatively small. The law addresses situations where the individuals involved are close in age and the sexual activity is consensual.
Under the Romeo and Juliet Law (Florida Statute Section 943.04354), if the offender is 18 years of age or younger and the alleged victim is at least 13 years old and not more than 17 years of age or older at the time of the violation, the law provides an exception to the requirement of registering as a sexual offender or predator. However, certain conditions must be met for the law to apply:
- Age Difference: The law applies if the age difference between the offender and the victim is no more than four years. For example, if the offender is 18 and the victim is 15 or 16, then the law may apply. On the other hand, if the offender is 18 and the victim is 13, the age difference is more than a four-year gap.
- No Force or Threats: Sexual activity must be consensual, without the use of force, coercion, or threats.
- No Previous Convictions: The offender must not have any previous convictions for specified sexual offenses.
- Reporting Requirements: Even if the Romeo and Juliet Law applies, the offender may still be required to report the relationship to the Florida Department of Law Enforcement (FDLE) and comply with certain reporting requirements.
It’s important to note that while the Romeo and Juliet Law may exempt certain individuals from the requirement of registering as a sexual offender or predator, it does not legalize or condone sexual activity involving minors.
CALL (813)-221-4303 FOR A FREE AND CONFIDENTIAL CONSULTATION WITH A TAMPA SEX CRIME LAWYER
The decisions you make in the aftermath of an arrest for a sex crime can profoundly impact your life forever. Your best chance at building an effective defense will come from a thorough investigation conducted by a legal representative with experience handling similar sex crime cases. For more information on how a Tampa sex crimes attorney can help you, contact Mike G Law to schedule a free consultation today.
FAQS
Who has to register as a sex offender?
- Complete a registration form at their county sheriff’s office either twice a year (birth month and every 6th month thereafter), or
- Four times a year (birth month and every 3rd month thereafter), depending upon their offense.
For a list of qualifying offenses for quarterly registration (four times a year), please refer to Florida Statute 943.0435(14)(b).
All sexual predators, some sexual offenders, and all juvenile sexual offenders must:
- Report four times a year (birth month and every 3rd month thereafter).
Additional registration requirements:
- Sexual offenders and predators must update their driver’s license or identification card within 48 hours after any change to their residence (permanent, temporary, or transient) or name.
- Sexual offenders and predators MUST maintain registration for the duration of their life.
- All qualifying sexual offenders, sexual predators, and juvenile sexual offenders will be listed on the public registry website.
What happens if I fail to register as a sexual offender?
Can I be removed from the Florida sex offender registry?
Do juvenile sex offenders/predators have to register?
You are required to register as a juvenile sexual offender in Florida if you:
Have been convicted as an adult for a qualifying sexual offense and meet the criteria in Florida Statute 943.0435 or 775.21 to register as an adult sexual offender or predator, or
Were adjudicated delinquent on or after July 1, 2007, for a qualifying sexual offense in this state or a similar offense in another jurisdiction when you were 14 years of age or older at the time of the offense (F.S. 943.0435(1)(a)1.d).
What is the legal definition of a sexual offender?
A sexual offender is:
- An individual who has been convicted of a qualifying sexual offense in Florida (see below) or another jurisdiction AND
- They have been released from or are currently serving parole, probation, or incarceration for a qualifying sex offense (listed above) on or after October 1, 1997, OR
- They establish or maintain a residence (permanent, temporary, or transient) in Florida and have a requirement to register or would have a requirement to register as a sexual offender in another jurisdiction, OR
- They were adjudicated delinquent on or after July 1, 2007, for one of the following offenses and were 14 years of age or older at the time of the offense:
- Sexual battery (F.S. 794.011 excluding subsection 10).
- Lewd/lascivious battery where the victim is under 12 or the court finds sexual activity by the use of force or coercion (F.S. 800.04(4)(a)2).
- Lewd/lascivious molestation, victim under 12, where the court finds molestation involving unclothed genitals (F.S. 800.04(5)(c)1).
- Lewd/lascivious molestation, victim under 16 but more than 12, where the court finds the use of force or coercion and unclothed genitals (F.S. 800.04(5)(d)).
- A violation of a similar law of another jurisdiction (i.e., federal, military, other state).
What adult convictions qualify as a sex crime in Florida?
What are sexual offenders not allowed to do in Florida?
If I am just visiting, attending school, or working in Florida, do I have to register as an out-of-state sex offender?
Let Mike G Help Protect Your Rights
The decisions you make after you have been arrested can determine the outcome of your case — and possibly your life. Call Mike G Law at 813-221-4303, or contact me online.
Sex Offenses
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I would do more than 5 stars if it was available. Mr. Gonzalez was outstanding. Told everything how it was, very responsive to call and email. Fought very hard to get my husband the outcome he received. If We were to ever need a attorney in Florida again, We would use him as many times as We needed. We highly recommend to anyone looking for an awesome attorney to go with Mike G Law!!! He gets to the point!!!
I cannot recommend Mr Gonzalez enough. He is extremely professional as is his entire firm. Mr Gonzalez has been very knowledgeable and forthcoming throughout the entire legal process. I highly recommend him and a definite five star!
Mike G. is a great attorney. Very professional, very punctual, easy to talk to. Thanks to him my case was dismissed charges dropped.
I was able to text or call Mike anytime I needed to. He worked with me, on a real level and communicated realistic expectations for my situation. Thanks again guys.
I wish I could give Mr. González 10 stars out of 5. He is a stellar and highly competent criminal justice attorney. Mr. González has effectively given me a second chance at life thanks to his deep and professional knowledge of criminal law. I was facing a very serious crime that carried a considerable period of imprisonment. But thanks to his incredible talent, sheer strength of intelligence, and a strong heart to fight for an individual’s values, I can now rest easy knowing that I will not have to suffer through the penal system. If you ever have a problem with the criminal justice system, I highly recommend that you hire this remarkable gentleman to fight for you in your case. I owe you a tremendous debt for your services. He gave me back my life and I will always be grateful. Thank you Mr. Gonzalez!
Mike took care of my legal and civil case and was very helpful and Professional. He was responsive to all my questions and gave me updates as I asked for them. He helped get me in a position to see my son again which I am extremely grateful for. Thank you and God bless!